The main legal point established in the judgment is the correct determination of the deceased's income and the application of principles of consortium as established by relevant Apex Court cases.

JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dis-satisfied by the judgement and award dated 7.2.2018 passed by Motor Accident Claims Tribunal (Aux.), Palanpur in Motor Accident Claim Petition No.90 of 2017, the appellants-original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”)

2. Heard Mr. Kaash Thakkar, learned advocate appearing for the appellants and Mr. Tanmay Karia, learned advocate appearing for respondent No.3 – IFFCO Tokyo General Insurance Co. Ltd. As the liability is not denied, presence of respondent Nos. 1 and 2 is not essential for deciding the present appeal and with the consent of learned advocates appearing for the parties, the appeal is taken up for final disposal forthwith.

3. Draft amendment submitted by the appellants to enhance the appeal stands allowed. The same may be carried out forthwith.

4. Following facts emerge from the record of the appeal.

4.1. According to the appellants-claimants, deceased Narendrasinh @ Kalusinh Champaksinh Dabhi was proceeding towards village Aatroli on 4.4.2017 driving his tractor bearing registration No. GJ-8-AP-0253. It is the case of the appellants that at about 1:00 p.m. when the tractor reached Chekhla Patia, respondent No.1 herein who was driving a Trailer bearing registration No. RJ-32-GA-9196 came from the behind and as the said Trailer was being driven in rash and negligent manner and dashed with the tractor driven by the deceased from behind because of which, the deceased sustained serious injuries and was admitted in ICU at Mehsana hospital. The record indicates that on 9.4.2017, the deceased expired during the treatment. An FIR was lodged with the jurisdictional of the policestation. The appellants-claimants preferred the Claim Petition under Section 166 of the Act and claimed compensation of Rs. 25 lakhs.

4.2. It was the case of the claimants that the deceased was a skilled worker and was working as a Mason with the construction company since three years. The wife of the deceased was examined at Exh.23 and appellants also relied upon the oral evidence of Mr. Ankit Pravinchandra Pathak that is the employer of the deceased at Exh.38. The appellants-claimants also relied upon other documentary evidence such as school leaving certificate of deceased at Exh.30, copy of the FIR at Exh.32, panchnama of the scene of accident at Exh.33, inquest panchnama at Exh.34, PM note at Exh.35, copy of the driving licence of the Trailer and RC book of the Trailer at Exhs. 36 and 37 respectively. The Tribunal after appreciating the evidence on record determined the income of the deceased at Rs.5,000/- p.m. and and also considered increase in income, by way of prospective income to the tune of 40%, deducted 1/5th of the income of the deceased towards personal expenses and applying multiplier of 17 awarded a sum of Rs.11,42,400/- as compensation under the head of loss of dependency. Over and above the same following the judgement of the Apex Court in the case of National Insurance Company v. Pranay Sethi & Ors. reported in 2017 (16) SCC 680 awarded Rs.40,000/- towards consortium and Rs.15,000/- towards Loss of Estate and Rs.15,000/- as funeral expenses and also awarded Rs.50,000/- towards medical reimbursement and thus awarded total compensation of Rs.12,62,400/- with 9% interest. Feeling aggrieved by the same, the present appeal is filed.

5. Mr. Kaash Thakkar, learned advocate appearing for the appellants has heavily relied upon the deposition of Mr.Ankit Pravinchandra Pathak, the employer of the deceased as well as the certificate dated 5.6.2017 at Exh.39 and has further contended that the Tribunal has committed an error in determining the income of the deceased at Rs.5,000/- p.m. Mr. Kaash Thakkar, learned advocate further referring to the cross-examination of the said witness contended that the Insura